S.Amdt. 350

SA 350. Ms. SNOWE (for herself, Mrs. Feinstein, and Mr. Kerry)
submitted an amendment intended to be proposed to amendment SA 98
proposed by Mr. Inouye (for himself and Mr. Baucus) to the bill H.R. 1,
making supplemental appropriations for job preservation and creation,
infrastructure investment, energy efficiency and science, assistance to
the unemployed, and State and local fiscal stabilization, for fiscal
year ending September 30, 2009, and for other purposes; which was
ordered to lie on the table; as follows:

On page 461, between lines 10 and 11, insert the following:

SEC. ____. EXTENSION OF AND INCREASE IN NEW ENERGY EFFICIENT
HOME CREDIT.

(a) Extension.--Subsection (g) of section 45L (relating to
termination) is amended by striking ``December 31, 2009'' and
inserting ``December 31, 2011''.
(b) Increase.--Paragraph (2) of section 45L(a) (relating to
allowance of credit) is amended--
(1) by striking ``$2,000'' in subparagraph (A) and
inserting ``$5,000'', and
(2) by striking ``$1,000'' in subparagraph (B) and
inserting ``$2,500''.
(c) Modification of Energy Savings Requirements.--So much
of subparagraph (A) of section 45L(c)(1) as precedes cause
(i) is amended to read as follows:
``(A) to have a level of annual total energy consumption
which is at least 50 percent below the annual level of total
energy consumption of a comparable dwelling unit--''.
(d) Effective Date.--The amendments made by this section
shall apply to homes constructed and acquired after December
31, 2008.

SEC. ____. MODIFICATION OF DEDUCTION FOR ENERGY EFFICIENT
COMMERCIAL BUILDINGS.

(a) Increase in Maximum Amount of Deduction.--
(1) In general.--Subparagraph (A) of section 179D(b)(1) is
amended by striking ``$1.80'' and inserting ``$3.00''.
(2) Partial allowance.--Paragraph (1) of section 179D(d) is
amended--
(A) by striking ``$.60'' and inserting ``$1.00'', and
(B) by striking ``$1.80'' and inserting ``$3.00''.
(b) Effective Date.--The amendments made by this section
shall apply to property placed in service in taxable years
beginning after the date of the enactment of this Act.

[[Page S1601]]

SEC. ____. ENERGY RATINGS OF NON-BUSINESS PROPERTY.

(a) In General.--Subpart A of part IV of subchapter A of
chapter 1 is amended by inserting after section 25D the
following new section:

``SEC. 25E. ENERGY RATINGS OF NON-BUSINESS PROPERTY.

``(a) In General.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to the amount
paid or incurred by the taxpayer for a qualified home energy
rating conducted during such taxable year.
``(b) Limitation.--The amount allowed as a credit under
subsection (a) with respect to any taxpayer for any taxable
year shall not exceed $200.
``(c) Qualified Home Energy Rating.--For purposes of this
section, the term `qualified home energy rating' means a home
energy rating conducted with respect to any residence of the
taxpayer by a home performance auditor certified by a
provider accredited by the Building Performance Institute
(BPI), the Residential Energy Services Network (RESNET), or
equivalent rating system.
``(d) Termination.--This section shall not apply with
respect to any rating conducted after December 31, 2011.''.
(b) Clerical Amendment.--The table of sections for subpart
A of part IV of subchapter A chapter 1 is amended by
inserting after the item relating to section 25D the
following new item:

``Sec. 25E. Energy ratings of non-business property.''.

(c) Effective Date.--The amendments made by this section
shall apply to amounts paid or incurred in taxable years
beginning after the date of the enactment of this Act.

SEC. ____. CREDIT FOR HOME PERFORMANCE AUDITOR
CERTIFICATIONS.

(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 is amended by adding at the end the following new
section:

``SEC. 45R. HOME PERFORMANCE AUDITOR CERTIFICATION CREDIT.

``(a)  In General.--For purposes of section 38, the home
performance auditor certification credit determined under
this section for any taxable year is an amount equal to the
qualified training and certification costs paid or incurred
by the taxpayer which may be taken into account for such
taxable year.
``(b) Qualified Training and Certification Costs.--
``(1) In general.--The term `qualified training and
certification costs' means costs paid or incurred for
training which is required for the taxpayer or employees of
the taxpayer to be certified as home performance auditors for
purposes of providing qualified home energy ratings under
section 25E(c).
``(2) Limitation.--The qualified training and certification
costs taken into account under subsection (a)(1) for the
taxable year with respect to any individual shall not exceed
$500 reduced by the amount of the credit allowed under
subsection (a)(1) to the taxpayer (or any predecessor) with
respect to such individual for all prior taxable years.
``(3) Year costs taken into account.--Qualified training
and certifications costs with respect to any individual shall
not be taken into account under subsection (a)(1) before the
taxable year in which the individual with respect to whom
such costs are paid or incurred has performed 25 qualified
home energy ratings under section 25E(c).
``(c) Special Rules.--
``(1) Aggregation rules.--For purposes of this section, all
persons treated as a single employer under subsections (a)
and (b) of section 52 shall be treated as 1 person.
``(2) Denial of double benefit.--
``(A) In general.--No deduction shall be allowed for that
portion of the expenses otherwise allowable as a deduction
for the taxable year which is equal to the amount taken into
account under subsection (a) for such taxable year.
``(B) Amount previously deducted.--No credit shall be
allowed under subsection (a) with respect to any amount for
which a deduction has been allowed in any preceding taxable
year.''.
(b) Credit Treated as Part of General Business Credit.--
Section 38(b) is amended by striking ``plus'' at the end of
paragraph (34), by striking the period at the end of
paragraph (35) and inserting ``plus'', and by adding at the
end the following new paragraph:
``(36) the home performance auditor certification credit
determined under section 45R(a).''.
(c) Conforming Amendment.--The table of sections for
subpart D of part IV of subchapter A of chapter 1 is amended
by inserting after the item relating to section 45Q the
following new item:

``Sec. 45R. Home performance auditor certification credit.''.

(d) Effective Date.--The amendments made by this section
shall apply to amounts paid or incurred after the date of the
enactment of this Act.
______